Discuss the grounds under which the Court at the time of passing sentence on accused person, order him to execute a bond for keeping peace to such period and when such a bond so executed shall become void?
CS Executive · Jurisprudence, Interpretation and General Laws · PYQS · December 2022
Discuss the grounds under which the Court at the time of passing sentence on accused person, order him to execute a bond for keeping peace to such period and when such a bond so executed shall become void?
Answer & Explanation:
According to Section 106 Criminal Procedure Code, when a Court of Session or Court of a Magistrate of first class convicts a person of any of the offences specified in section 106(2) or of abetting any such offence and is of opinion that it is necessary to take security from such person for keeping the peace, the Court may, at the time of passing sentence on such person, order him to execute a bond, with or without sureties, for keeping the peace for such period, not exceeding three years, as it thinks fit. The offences specified under section 106(2) are as follows: any offence punishable under Chapter VIII of the India Penal Code 1860 other than an offence punishable under section 153A or section 153B or section 154 thereof. any offence which consists of or includes, assault or using criminal force or committing mischief; any offence of criminal intimidation; any other offence which caused, or was intended or known to be likely to cause a breach of the peace. However, if the conviction is set-aside on appeal or otherwise, the bond so executed shall become void.
Topics: Criminal Procedure Code, 1973
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